The Iowa District Court in Warren County ruled in favor of the City of Indianola in a lawsuit brought forth by Kading Properties regarding the Cavitt Creek Condominiums project, after the Indianola City Council voted against accepting a proposed site plan in early 2020.
Kading Properties brought forth a suit against the city citing the council “violated their duty to uphold and apply existing law of the city of Indianola by denying site plans that met or exceeded all zoning ordinance requirements without any evidence to the contrary.”
Kading also brought forth the suit citing the decision of the council “were not supported by any statement, basis or discussion” and no reasons were given for why the site plans were contrary to the City Code, as well as the “No” votes“ were not supported by any statement, basis or discussion” and no reasons were given for why the site plans were contrary to the City Code.
The Iowa District Court in Warren County ruled in favor of the city, stating that the council is not required to provide written findings of its decision, the council’s decision to deny the site plans was not arbitrary, capricious, or unreasonable, and the significant amount of public concern expressed orally and via email regarding traffic and population density gave the council substantial evidence to deny the site plan.
To view the full decision, click below.